Page 134 - Chinese Art October 2017 San Francisco
P. 134

CONDITIONS OF SALE - CONTINUED

       the American Arbitration Association.  The arbitrator’s award  LIMITED RIGHT OF RESCISSION   REMEDY AGAINST BONHAMS FOR ANY REASON
       shall be in writing and shall set forth findings of fact and             WHATSOEVER IS THE LIMITED RIGHT OF
       legal conclusions.                  If within one (1) year from the date of sale, the original   RESCISSION DESCRIBED IN THIS SECTION.
                                           purchaser (a) gives written notice to us alleging that
       (c) Unless otherwise agreed to by the parties or provided   the identification of Authorship (as defined below) of   “Authorship” means only the identity of the creator, the
       by the published rules of the national arbitration service:   such lot as set forth in the BOLD TYPE heading of   period, culture and source or origin of the lot, as the
                                           the catalog description of such lot (as amended by any   case may be, as set forth in the BOLD TYPE heading of
       (i) the arbitration shall occur within 60 days following the   saleroom notices or verbal announcements during the   the print catalog entry. The right of rescission does not
       selection of the arbitrator;        sale) is not substantially correct based on a fair reading   extend to: (a) works of art executed before 1870 (unless
       (ii) the arbitration shall be conducted in the designated   of the catalog (including the terms of any glossary   these works are determined to be counterfeits created
       location, as follows:  (A) in any case in which the subject   contained therein), and (b) within 10 days after such   since 1870), as this is a matter of current scholarly
       auction by Bonhams took place or was scheduled to   notice returns the lot to us in the same condition as at   opinion which can change; (b) titles, descriptions, or
       take place in the State of New York or Connecticut or the   the time of sale, and (c) establishes the allegation in the   other identification of offered lots, which information
       Commonwealth of Massachusetts, the arbitration shall   notice to our satisfaction (including by providing one or   normally appears in lower case type below the BOLD
       take place in New York City, New York; (B) in all other   more written opinions by recognized experts in the field,   TYPE heading identifying the Authorship; (c) Authorship
       cases, the arbitration shall take place in the city of San   as we may reasonably require), then the sale of such lot   of any lot where it was specifically mentioned that
       Francisco, California; and          will be rescinded and, unless we have already paid to   there exists a conflict of specialist or scholarly opinion
                                           the consignor monies owed him in connection with the   regarding the Authorship of the lot at the time of sale; (d)
       (iii) discovery and the procedure for the arbitration shall   sale, the original purchase price will be refunded.   Authorship of any lot which as of the date of sale was in
       be as follows:                                                           accordance with the then generally-accepted opinion of
                                           If, prior to receiving such notice from the original   scholars and specialists regarding the same; or (e) the
       (A) All arbitration proceedings shall be confidential;   purchaser alleging such defect, we have paid the   identification of periods or dates of creation in catalog
       (B) The parties shall submit written briefs to the arbitrator   consignor monies owed him in connection with the   descriptions which may be proven inaccurate by means
       no later than 15 days before the arbitration commences;   sale, we shall pay the original purchaser the amount   of scientific processes that are not generally accepted
                                           of our commissions, any other sale proceeds to which
       (C) Discovery, if any, shall be limited as follows: (I)   we are entitled and applicable taxes received from   for use until after publication of the catalog in which the
                                                                                property is offered or that were unreasonably expensive
       Requests for no more than 10 categories of documents,   the purchaser on the sale and make demand on the   or impractical to use at the time of such publication.
       to be provided to the requesting party within 14 days   consignor to pay the balance of the original purchase
       of written request therefor; (II) No more than two (2)   price to the original purchaser. Should the consignor   LIMITATION OF LIABILITY
       depositions per party, provided however, the deposition(s)   fail to pay such amount promptly, we may disclose
       are to be completed within one (1) day; (III) Compliance   the identity of the consignor and assign to the original   EXCEPT AS EXPRESSLY PROVIDED ABOVE, ALL
       with the above shall be enforced by the arbitrator in   purchaser our rights against the consignor with respect   PROPERTY IS SOLD “AS IS.” NEITHER BONHAMS NOR
       accordance with California law;     to the lot the sale of which is sought to be rescinded.   THE CONSIGNOR MAKES ANY REPRESENTATION
                                           Upon such disclosure and assignment, any liability of   OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE
       (D) Each party shall have no longer than eight (8) hours to   Bonhams as consignor’s agent with respect to said lot   MERCHANTABILITY, FITNESS OR CONDITION OF
       present its position. The entire hearing before the arbitrator   shall automatically terminate.   THE PROPERTY OR AS TO THE CORRECTNESS
       shall not take longer than three (3) consecutive days;                   OF DESCRIPTION, GENUINENESS, ATTRIBUTION,
                                           The foregoing limited right of rescission is available to   PROVENANCE OR PERIOD OF THE PROPERTY OR
       (E) The award shall be made in writing no more than 30   the original purchaser only and may not be assigned   AS TO WHETHER THE PURCHASER ACQUIRES ANY
       days following the end of the proceeding.  Judgment   to or relied upon by any subsequent transferee of   COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY
       upon the award rendered by the arbitrator may be   the property sold. The purchaser hereby accepts   RIGHTS IN LOTS SOLD OR AS TO WHETHER A WORK
       entered by any court having jurisdiction thereof.    the benefit of the consignor’s warranty of title and   OF ART IS SUBJECT TO THE ARTIST’S MORAL RIGHTS
       To the fullest extent permitted by law, and except as   other representations and warranties made by the   OR OTHER RESIDUAL RIGHTS OF THE ARTIST.  THE
       required by applicable arbitration rules, each party shall   consignor for the purchaser’s benefit.  Nothing in   PURCHASER EXPRESSLY ACKNOWLEDGES AND
       bear its own attorneys’ fees and costs in connection with   this section shall be construed as an admission by   AGREES THAT IN NO EVENT SHALL BONHAMS BE
       the proceedings and shall share equally the fees and   us of any representation of fact, express or implied,   LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT
       expenses of the arbitrator.         obligation or responsibility with respect to any   LIMITATION, ANY COMPENSATORY, INCIDENTAL OR
                                           lot. THE PURCHASER’S SOLE AND EXCLUSIVE   CONSEQUENTIAL DAMAGES.

       SELLER’S GUIDE
       SELLING AT AUCTION                   as “photo auction estimate”. Alternatively, you can submit your   tax and family division purposes and reflect prices paid by a willing
                                            request using our online form at www.bonhams.com/us. Digital   buyer to a willing seller.
       Bonhams can help you every step of the way when you are ready to   images may be attached to the form. Please limit your images to no
       sell art, antiques and collectible items at auction. Our regional offices   more than five (5) per item.  When we conduct a private appraisal, our specialists will prepare a
       and representatives throughout the US are available to service all of    thorough inventory listing of all your appraised property by category.
       your needs. Should you have any further questions, please visit our   CONSIGNING YOUR PROPERTY  Valuations, complete descriptions and locations of items are included
       website at www.bonhams.com/us for more information or call our   After you receive an estimate, you may consign your property to us for   in the documentation.
       Client Services Department at +1 (415) 861 7500.
                                           sale in the next appropriate auction. Our staff assists you throughout   Appraisal fees vary according to the nature of the collection, the
       AUCTION ESTIMATES                   the process, arranging transportation of your items to our galleries   amount of work involved, the travel distance, and whether the
                                           (at the consignor’s expense), providing a detailed inventory of your   property is subsequently consigned for auction.
       The first step in the auction process is to determine the auction value   consignment, and reporting the prices realized for each lot. We provide
       of your property. Bonhams’ world-renowned specialists will evaluate   secure storage for your property in our warehouses and all items are   Our appraisers are available to help you anywhere and at any time.
       your special items at no charge and in complete confidence. You can   insured throughout the auction process. You will receive payment for   Please call our Client Services Department to schedule an appraisal.
       obtain an auction estimate in many ways:
                                           your property approximately 35 days after completion of sale.  ESTATE SERVICES
       • Attend one of our Auction Appraisal Events held regularly at our   Sales commissions vary with the potential auction value of the   Since 1865, Bonhams has been serving the needs of fiduciaries –
        galleries and in other major metropolitan areas. The updated   property and the particular auction in which the property is offered.   lawyers, trust officers, accountants and executors – in the disposition
        schedule for Bonhams Auction Appraisal Events is available at   Please call us for commission rates.   of large and small estates. Our services are specially designed to aid
        www.bonhams.com/us.                                                     in the efficient appraisal and disposition of fine art, antiques, jewelry,
       • Call our Client Services Department to schedule a private appointment   PROFESSIONAL APPRAISAL SERVICES  and collectibles. We offer a full range of estate services, ranging from
        at one of our galleries. If you have a large collection, our specialists can   Bonhams’ specialists conduct insurance and fair market value   flexible financial terms to tailored accounting for heirs and their agents
        travel, by appointment, to evaluate your property on site.   appraisals for private collectors, corporations, museums, fiduciaries   to world-class marketing and sales support.
                                           and government entities on a daily basis. Insurance appraisals, used
       • Send clear photographs to us of each individual item, including   for insurance purposes, reflect the cost of replacing property in   For more information or to obtain a detailed Trust and Estates
        item dimensions and other pertinent information with each picture.   today’s retail market. Fair market value appraisals are used for estate,   package, please visit our website at www.bonhams.com/us or
        Photos should be sent to Bonhams’ address in envelopes marked           contact our Client Services Department.
                                                                                                       SF-CA/MAIN/V2/07.17
   129   130   131   132   133   134   135   136   137   138   139